RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 January 2004
         DOCKET NUMBER: AR2003087948


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Stephanie Thompkins		Analyst

The following members, a quorum, were present:

Ms. Kathleen A. Newman		Chairperson
Ms. Linda M. Barker		Member
Mr. John T. Meixell		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

---

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, award of all medals to which he is entitled for his period of service in Korea from 10 August 1951 to 29 November 1952.

2. The applicant states that his DD Form 214 does not show he served in Korea.

3. The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States), his Certificate of Service and a certificate of his personnel records for exemption of taxes in support of his request.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of his DD Form 214 dated 30 December 1952. The application submitted in this case is dated 7 March 2003.

2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s military records are not available to the Board. This case is being considered on documentation submitted by the applicant that shows he was inducted into the Regular Army as a private/pay grade E-1 on 9 January 1951 and served continuously until his separation from active duty on 30 December 1952.

4. The applicant’s DD Form 214 shows he served overseas for 1 year, 4 months and 28 days and was assigned to Company B, 712th Transportation Railway Operating Battalion. Item 27 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 reads “None”.

5. The applicant’s Certificate of Service shows that he served with the 712th Transportation Railway Operating Battalion during the Korean War from 10 August 1951 to 29 November 1952.




6. Records show the applicant served in the United Nations Summer Fall Offensive (Korea) (9 July-27 November 1951), the Second Korean Winter 1951-1953 (28 November 1951-30 April 1952) and the Korean Summer-Fall 1952 (1 May-30 November 1952) Campaigns listed in Army Regulation 600-8-22, Appendix B.

7. Department of the Army Pamphlet 672-1 (United Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean Conflict. This document shows the unit to which the applicant was assigned, Company B, 712th Transportation Railway Operating Battalion, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 19 September 1950 to 31 July 1952 by Department of the Army General Orders Number 33, dated 1953.

8. Department of the Army Pamphlet 672-1 shows the applicant’s unit, Company B, 712th Transportation Railway Operating Battalion, was cited for award of the Meritorious Unit Commendation for actions during the period 1 July 1952 to 30 June 1953 by Department of the Army General Orders Numbers 95, dated 1953.

9. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

10. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

11. Army Regulation 600-8-22, in pertinent part, provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

12. Army Regulation 600-8-22, in pertinent part, authorized award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, which in this case is the Korean Service Medal.



13. On the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214.

14. Army Regulation 635-5, prescribes the separation documents, which are prepared for individuals upon retirement, discharge, or release from active duty. The regulation, in effect at the time and currently in use specifies that the Remarks block may be used for entries required by Headquarters, Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks. This regulation also specifies that separation documents provide service members with a record of their military service.

DISCUSSION AND CONCLUSIONS:

1. The applicant is entitled to award of the Republic of Korea Presidential Unit Citation, the Meritorious Unit Commendation, the United Nations Service Medal, the National Defense Service Medal and the Korean Service Medal with three bronze service stars for his period of service in Korea from 10 August 1951 to 29 November 1952. Therefore, he is entitled to have his records corrected to show these awards on his DD Form 214, dated 30 December 1952.

2. As an exception to policy, and as a matter of equity to the applicant, Block 38 of his DD Form 214 will be corrected to read "Service in Korea – 10 Aug 1951 to 29 Nov 1952".

3. His service in Korea during the Korean Conflict also may qualify him to receive the Korean War Service Medal; however, the applicant must apply to the Department of the Air Force to be entitled to this award.

BOARD VOTE:

__kn___ ___lb____ ___jm____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a. by showing on his DD Form 214, dated 30 December 1952, award of the Republic of Korea Presidential Unit Citation, the Meritorious Unit Commendation, the United Nations Service Medal, the National Defense Service Medal and the Korean Service Medal with three bronze service stars; and

b. as an exception to policy correct Block 38 (Remarks) to read "Service in Korea – 10 Aug 1951 to 29 Nov 1952".

2. That the individual concerned in this case apply for award of the Korean War Service Medal by submitting his request in accordance with the administrative instructions attached to this Record of Proceedings.





                  __Kathleen A. Newman___
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003087948
SUFFIX
RECON
DATE BOARDED	20040108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.